Recount Security Procedures & Media Policy

San Benito County conducts every election as if it will be recounted. Public perception is vital in conducting a recount. Providing information and forms in an organized manner strengthens the perception of the overall integrity of the process. A recount is conducted by the elections official for the purpose of verifying the number of votes counted for any office or measure in an election. California Elections Code Chapter 12, Sections 15620 through 15634 govern voter requested recounts. The purpose of the manual recount is to verify the machine count by viewing each ballot, determining how it was voted, and manually tallying those votes.


Recount Schedule

  • Recount shall start no later than seven days following receipt of the request and the recount must continue daily (excluding Saturdays, Sundays and holidays) for a minimum of six hours per day until complete or terminated by the requestor.  (E.C. 15626)  
  • The Registrar of Voters will determine the exact hours of operations, breaks and lunch times. Generally employees will be permitted two 15-minute breaks (one in the morning and one in the afternoon) and a one hour break for lunch. Recount boards will not stop for breaks and lunch while recounting a precinct unless it is unavoidable.

Personnel Requirements

  • A manual recount will be conducted under the supervision of the elections official by recount boards, consisting of four voters of the county, appointed by the elections official.  Recount board members are paid the same as precinct board clerks (not inspectors).  (E.C. 15625)
  • In addition, the Registrar of Voters will determine whether additional personnel is necessary for tasks such as producing relevant material, sorting or retrieving materials, or checking signatures.
  • There will be a supervisor for the recount boards and the function of the supervisor is to enforce the rules and transport ballots and reports.
  • All actual costs of the recount are directly recoverable from the party requesting the recount and may include, but are not limited to: supervision, security guards, personnel used to review relevant material, computer personnel and administrative costs.

Format of Request

  • The request must be filed within five days, in writing, after the completion of the official canvass, must specify the contest to be recounted, and must state on behalf of which candidate, slate of electors, or position on a measure (affirmative or negative) it is filed. (E.C. 15620)
  • The request may specify the order in which precincts shall be recounted.   (E.C. 15622)
  • The request may specify the method of counting to be used (computer, manual or both).  (E.C. 15627)
  • The request may specify any other relevant material to be examined.   (E.C. 15630)

 

Observers and Spokespersons

  • Observers and spokespersons will be required to log in daily and receive a badge before entering the recount area. Badges must be worn at all times while in the Office of Elections.
  • Observers are not permitted in the Office of Elections work area during staff breaks or lunches.
  • Observers may not sit at a recount table and may not touch any ballots, tally sheets or other materials of the recount board.
  • Observers may not place any material on the recount table. Except to challenge a ballot, talking is discouraged in the recount area.
  • Cell phones should be in the silent mode and talking on the cell phone is prohibited while in the recount area.
  • Observers will follow the rules established by the Registrar of Voters or his/her representatives. Individuals not following the rules will be removed from the recount area.
  • While recounts are open to the public, space requirements may limit the number of individuals allowed to congregate around the ballot recount area. A determination will be made at the time of the recount as to the number of observers allowed at each recounting area for each party of interest.
  • Observers shall not interfere with or direct questions to any member of the recount board, but will direct their questions to the spokesperson who in turn will discuss the question with the Registrar of Voters or the person designated by the Registrar to oversee the recount operations.



Challenges

Ballots may be challenged for incompleteness, ambiguity or other defects. To challenge a ballot the following procedure shall be used:

  • The person challenging the ballot (i.e.: the appointed spokesperson) will state the reason for the challenge.
  • A challenge form will be attached to each challenged ballot. The form will be stored separately from other ballots during the course of each day of the recount.
  • Challenges will be resolved at the end of each day, or more often if necessary. The Registrar of Voters (or designated representative) will determine whether the challenge is to be allowed. This decision is final.  (E.C. 15631)

Ballots

  • Ballots will be securely stored during breaks and lunches. At the end of the day ballots will be stored in the secure locked ballot storage room.
  • Ballot containers will be sealed at the end of each day of the recount before thay are stored in the ballot storage room.  Seals will be signed by two election staff members.

 

Relevant Material

  • Requestors will request relevant material in writing in the Request for a Recount letter. Any other relevant material to be inspected must be specified in a written request before it is viewed. The request must be specific.
  • An election staff member will be present during the examination of relevant material.
  • Requestors will sign a form to verify that they have examined the relevant material requested.
  • Relevant material will be secured in the election office when not in use during the recount.

 

Media Policy for Recount

  • Signed releases to film or photograph office staff or others may be required.
  • Signatures and names of voters on envelopes may not be photographed or videotaped.
  • The anonymity of the voters and their ballots must be maintained at all times.
  • No interviews are permitted in the recount area while the recount is being conducted.

 

Results of Recount

The results of a recount are declared null and void unless every vote in which the contest appeared is recounted.  (E.C. 15632)


Upon completion of the recount, the elections official shall post the results of the recount in a highly visible public location in the Office of Elections. (E.C. 15633)

 

Who Can Request

Any registered voter of the State of California may file a request. The person does not need to be a resident of the district in which the recount is requested. (E.C. §15620)

Timing of a Request

The request must be filed within five (5) calendar days after the completion of the official canvass. The canvass is complete when the elections official signs the Certification of the Election Results. (E.C. §15620) If the deadline falls on a weekend or holiday, the deadline is moved to the next business day. (E.C. §15)
Exceptions: For statewide contests, the request must be filed within five (5) calendar days beginning on the 29th day after the election.